||||| From: ptsc Newsgroups: alt.religion.scientology Subject: Berry letter to Rosen in RTC v. FACTnet Date: Tue, 18 Dec 2001 13:20:41 -0500 Organization: ARS: Perhaps the Most Malignant Newsgroup on Usenet Message-ID: <672v1ucaf1lg79kasgqv6krld4a9enfaee@4ax.com> X-Newsreader: Forte Agent 1.8/32.553 MIME-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-Complaints-To: newsabuse@supernews.com Lines: 160 Path: corp.newsgroups.com!propagator-maxim!feed.newsfeeds.com!newsfeed.direct.ca!look.ca!cyclone.bc.net!newsfeed.stanford.edu!sn-xit-01!sn-post-01!supernews.com!corp.supernews.com!not-for-mail Xref: newsfeeds alt.religion.scientology:1273495 From: hkhenson@netcom.com (Keith Henson) Subject: Re: Beating the cult like a gong Date: 1997/04/19 Message-ID: Sender: hkhenson@netcom13.netcom.com References: <33584E7C.269C@worldnet.att.net> Organization: Netcom On-Line Services Newsgroups: alt.religion.scientology,alt.clearing.technology My goodness! The things which show up in my mailbox. More bonging on the cult. After a fast read on this, I would say they could be in a might of trouble. Keith Henson (Xposted to alt.clearing.technology since this would seem to be of interest there as well.) (213) 629-7854 April 18, 1997 VIA FACSIMILE & FIRST CLASS MAIL Samuel D. Rosen, Esq. PAUL, HASTINGS, JANOFSKY & WALKER 399 Park Avenue, 31st Floor New York, New York 10022-4697 Re:RTC v. F.A.C.T.NET, INC., et al. Meet and Confer Letter Re Motions to Amend Scheduling Order(s) and to Compel the Deposition of David Miscavige Dear Mr. Rosen: Further to our April 16, 1997, reply to your April 15, 1997, letter to the undersigned, we wish to make a very preliminary response to your request regarding outstanding discovery necessary to properly oppose "a summary judgment motion by Bridge (covering the published works only)." In that regard, we take issue with your statement that "there is no discovery...relevant to the issue of whether the defendants infringed Bridge's copyrights on the published works." On the contrary, ownership of the published works is very much a disputed issue of material triable fact. In that regard, our analysis indicates that plaintiffs may have perpetrated a massive fraud upon the heirs of L. Ron Hubbard, the L. Ron Hubbard probate court, the federal and California State governments, the U.S. Copyright Office and the courts in this and many other cases over the past twelve years. Our analysis indicates that a large number of the published works are, among other things; (1) not owned by the plaintiffs herein; (2) owned by other entities and persons such as Mary Sue Hubbard and the Hubbard children; (3) already in the public domain and were so at the time of purported registration; (4) subject to Lawrence Wollersheim's attachment rights arising from his unsatisfied judgment in Wollersheim I. The first witness we wish to initially take on these and other pertinent issues is David Miscavige. Indeed, he is the most relevant and percipient witness in this entire litigation. For example, he participated in the incorporation of RTC. He controlled the activities of RTC from Author Services, Inc. and later became the most senior executive in RTC. He was Scientology's sole contact point with L. Ron Hubbard during Mr. Hubbard's years in seclusion. He gave instructions to Sherman Lenske, Esq. in connection with the preparation of assignments and wills. He claims to have obtained Mr. Hubbard's signature to various relevant documents. He notarized various documents relating to the issues herein. He was in communication with Mr. Hubbard's personal physician Dr. Gene Denk. He was involved in the circumstances surrounding L. Ron Hubbard's death and thereafter he dealt with Mr. Hubbard's heirs. He directs RTC's enforcement activities in connection with both the published and unpublished works and federal judges have ordered him to appear in deposition on these very same issues in a number of related cases. You also request specific explanation as to why Mr. Miscavige's deposition would be "relevant on the pleadings as they now stand." Accordingly, as part of our Local Rule Meet and Confer obligations on this issue, we have reviewed the motions you have filed for a protective order regarding Mr. Miscavige in the West Virginia and San Jose cases. The arguments were the same. Accordingly, as part of our Local Rule Meet and Confer obligations, we enclose a copy of the first draft Memorandum of Points and Authorities in Support of our Proposed Motion to Amend the Scheduling Order Herein and to Compel the Deposition of David Miscavige. The arguments are so powerful that any motion for a protective order in connection with Mr. Miscavige's deposition would be clearly frivolous and meritless. Indeed, there is even ample basis to reopen the L. Ron Hubbard probate proceedings and to take the depositions of the various Hubbard family members, Alexis Hollister, the fiduciaries of L. Ron Hubbard's estate and living trust, and the other persons who were the senior offices/directors/fiduciaries of RTC, BPI, CSC, CSI and Church of Spiritual Technology during the period of the probate proceedings. Of course, some of those persons have now left the Church but they are accessible and amenable to the service of process. However, as a preliminary response to your April 15, 1997, letter regarding additional discovery, we merely request you stipulate to an amendment to the Scheduling Order to permit us to take the deposition of David Miscavige at a mutually convenient date at our offices. Please let us have your response at your earliest convenience. If you are not prepared to stipulate to the requested amendment to the Scheduling Order, please provide us with sufficient factual and legal reasoning to satisfy your Local Rule Meet and Confer obligations. We can then proceed to file the appropriate motions without undue delay. Very truly yours, Graham E. Berry for MUSICK, PEELER & GARRETT LLP GEB:mab Enclosure cc: Todd F. Blakely, Esq. (w/encl.) SHERIDAN, ROSS & MCINTOSH Elliot J. Abelson, Esq. (w/encl.)(by Facsimile) LAW OFFICES OF ELLIOT J. ABELSON Jeffrey A. Chase, Esq. (w/encl.) JACOBS CHASE FRICK KLEINKOPF & KELLEY Helena K. Kobrin, Esq. (w/encl.) Kendrick L. Moxon, Esq. (w/encl.) bcc:Clifford L. Beem, Esq. (w/encl.) BEEM & MANN Matthew D. Berger, Esq. (w/encl.) MANATT, PHELPS & PHILLIPS Ford Greene, Esq. (w/encl.) HUB LAW OFFICES Daniel A. Leipold, Esq. (w/encl.) HAGENBAUGH & MURPHY Michael H. Berger, Esq. (w/encl.) WALDBAUM, CORN, KOFF, BERGER & COHEN, P.C. Mr. Lawrence Wollersheim (w/encl.) Mr. Arnaldo P. Lerma (w/encl.) Mr. Robert Vaughn Young (w/encl.)